A. BACKGROUND HISTORY OF THE HARLEM RIVER YARD

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1 Technical Memorandum: Federal Express Harlem River Yard Harlem River Yard Ventures, Inc. (HRYV) proposes to modify the approved Land Use Plan for the Harlem River Yard (HRY), located in the South Bronx, New York City, to allow for the development of a new Federal Express distribution facility within the eastern portion of the HRY. This technical memorandum serves to update environmental conditions associated with the development plan for the HRY, as presented in the December 1993 Harlem River Yard Intermodal Transportation and Distribution Center Final Environmental Impact Statement (FEIS) and the February 1996 Bronx Community Paper Company in the Harlem River Yard Final Supplemental Environmental Impact Statement (FSEIS). It discusses the potential environmental impacts of the proposed amendment to the approved Land Use Plan to determine whether the proposed amendment has the potential to result in significant adverse environmental impacts not identified in the previous FEIS or FSEIS, and therefore whether an additional supplemental environmental impact statement (SEIS) is appropriate for consideration of the proposed changes. Under New York State s Environmental Quality Review Act (SEQRA), the lead agency may require an SEIS limited to the specific adverse environmental impacts not addressed in the previous analyses of this site in response to changes proposed for the project, newly discovered information, or changes in the circumstances related to the project. As reflected in the technical analysis that follows, the proposed project, a Federal Express (FedEx) distribution facility, is similar in terms of its environmental effects to the previously approved land uses for this site. In addition, background conditions also remain similar to those analyzed in the previous environmental documents. Therefore, no additional analysis or supplemental environmental impact statement is warranted for this proposed change to the development program and project completion date. A. BACKGROUND HISTORY OF THE HARLEM RIVER YARD The Harlem River Yard is a 96-acre site located in the southernmost section of The Bronx, New York City. (See Figure 1: Project Location.) It is bounded by the Harlem River and Bronx Kill to the south, East 132nd Street to the north, Lincoln Avenue to the west, and a line defined approximately by an extension of Walnut Avenue to the east. The HRY has served railroad-related uses since 1873, when the New York, New Haven & Hartford Railroad Company leased a rail right-of-way and laid track across what had previously been farmland. The use of rail freight declined nationally after the construction of the interstate highway system and the rise of trucking in the 190's, with urban areas like New York City particularly affected. Rail use at the HRY had ceased altogether by The New York State Department of Transportation (NYSDOT) acquired the HRY in 1982, with the intention of creating an intermodal rail facility, but by 1988, competing demands for state funds and the 1

2 N THE BRONX MOTT HAVEN HARLEM RIVER PORT MORRIS MANHATTAN RANDALL ISLAND EAST RIVER WARD S ISLAND QUEENS Project Site (Approximate Boundary) Harlem River Yard FEET SCALE FedEx Facility Harlem River Yard Location Plan Figure 1

3 Federal Express Distribution and Sorting Facility at Harlem River Yard continuing decline of freight-rail made this plan economically infeasible. A NYSDOT study recommended that revenue-generating industrial uses be added to the HRY in order to subsidize the proposed intermodal terminal and attract investment. In June 1989, NYSDOT solicited competitive proposals to finance, construct, and undertake management responsibility for a mixed-use or intermodal transportation facility at the HRY, and Harlem River Yard Ventures (HRYV) was selected as the developer. PREVIOUS ENVIRONMENTAL STUDIES FOR THE HARLEM RIVER YARD Harlem River Yard Ventures is required, under the terms of its lease with NYSDOT, to develop the HRY in accordance with a Land Use Plan approved by that agency. NYSDOT analyzed the environmental impacts of the initial plan developed by HRYV in the 1993 FEIS and this plan was approved by NYSDOT in Following the adoption of the Land Use Plan, several modifications were proposed. The environmental impacts of these modifications were analyzed under SEQRA in the 1996 FSEIS, and in Environmental Assessment Forms (EAFs) completed in 1998 and Each of these modifications was subsequently approved HRY INTERMODAL TRANSPORTATION AND DISTRIBUTION CENTER FEIS HRYV s original Land Use Plan contemplated development of the western portion of the HRY with an intermodal terminal, solid waste transfer station, distribution warehouse, refrigerated/dry warehouse, and flower market warehouse; with the eastern portion to be developed into one of two options. The first option called for a wastepaper recycling plant including a newsprint deinking plant and paper mill. The second option called for additional warehousing in place of the deinking plant and paper mill. The FEIS examined the potential environmental impacts from development of the HRY under this Land Use Plan, including both options for the eastern portion of the HRY. Detailed analyses were included for land use and zoning, urban design, socioeconomic conditions, community resources, cultural resources, traffic and transportation, air quality, noise, infrastructure, natural resources, and hazardous materials. The FEIS for the Harlem River Yard Intermodal Transportation and Distribution Center was issued in December 1993; the Land Use Plan was approved by NYSDOT in May The intermodal terminal and solid waste transfer station approved for the western portion of the HRY were both constructed BRONX COMMUNITY PAPER COMPANY FSEIS The proposed Bronx Community Paper Company (BCPC) would have realized a modified version of the wastepaper recycling option put forth for the eastern portion of the HRY in the 1993 FEIS. Because no specific program for a wastepaper recycling plant was proposed at the time of the FEIS, that document used generic assumptions to analyze the environmental effects of the wastepaper recycling option. The April 1996 FSEIS provided an analysis based on specific design and operational details for an expanded wastepaper recycling plant, deinking plant, and paper mill. NYSDOT approved the BCPC s inclusion in the HRY Land Use Plan in May In addition, the Empire State Development Corporation (ESDC) approved zoning overrides of certain sections of the Zoning Resolution in order to accommodate a non-rail use in a railroad site, and to allow for off-site visibility of BCPC s steam plume under certain weather conditions. 2

4 Technical Memorandum Market conditions have not proved favorable for the development of the newspaper recycling program at this location, and the proposed BCPC project is no longer considered a viable use at the HRY NEW YORK POST EAF The New York Post proposed to construct a color printing plant in the easternmost portion of the HRY, on a site formerly used by the Metropolitan Transportation Authority as a bus garage. An EAF was prepared for this proposal in 1998, determining that the printing plant would not result in any new significant adverse environmental impacts not previously identified in the FEIS or FSEIS. NYSDOT subsequently approved this modification to the Land Use Plan. The 43,700- square-foot New York Post facility was constructed and is currently operational NEW YORK POWER AUTHORITY EAF The New York Power Authority (NYPA), in an attempt to address the potential shortfall in electric generating capacity in the metropolitan region, proposed to construct a power plant on a 2-acre site in the eastern portion of the HRY. The proposed facility would consist of two natural gas turbine engine units, together capable of generating up to 79.9 megawatts of electricity. This project was evaluated as part of a larger EAF that was prepared in 2000 to assess ten proposed NYPA natural gas turbine generators to be sited throughout New York City and Long Island. The EAF determined that the HRY facility would not result in any new significant adverse environmental impacts not identified in the previous SEQRA documents for the HRY. In addition, the New York State Department of Environmental Conservation (NYSDEC) granted air quality permits for the operation of the plant. The NYPA power plant was constructed and became operational in B. PROPOSED ACTION Since the Land Use Plan was initially contemplated in the 1993 FEIS, the western portions of the HRY have been developed with the intermodal terminal and solid waste transfer station analyzed in that document. The BCPC facility, contemplated in the 1996 FSEIS for the eastern portion of the HRY, was never constructed. Parts of the proposed BCPC s site were reconsidered in later environmental analyses, and subsequently developed into the New York Post color printing facility and NYPA power plant. The currently proposed FedEx distribution facility would be located on another portion of the HRY designated for the BCPC in the 1996 FSEIS. PROJECT DESCRIPTION The proposed project would relocate the operations currently undertaken at the FedEx distribution facility located at Eleventh Avenue and West 34th Street in Manhattan to a 10-acre site in the Harlem River Yard. The new facility would be built on a vacant parcel bounded by the Bronx Kill to the south, industrial uses to the north, the Triborough Bridge to the west, and the Little Hell Gate Bridge to the east. The 34th Street FedEx distribution facility in Manhattan currently functions as a distribution warehouse and depot that receives and temporarily stores incoming freight from Newark Airport, deploys distribution fleets for local deliveries and collections, accumulates mail and packages for departure freight, and provides services for visiting customers. With the relocation of the 34th Street facility due to the construction of the New York City Transit 7 train 3

5 Federal Express Distribution and Sorting Facility at Harlem River Yard extension the service areas of other FedEx facilities located in Manhattan would be adjusted to accommodate for the changes associated with the geographical relocation of this facility. Once operations begin at the HRY distribution facility, the service area is expected to encompass northern Manhattan (north of West 77th Street and East 81st Street). In addition to shifting various Manhattan operations to HRY, it is expected that other services currently operating from facilities in Mount Vernon, NY and John F. Kennedy International Airport in Queens would be consolidated to the HRY facility. Although not considered in the detailed traffic analysis, some trailers currently stored at another facility in Manhattan which FedEx is also being displaced from due to the construction of the New York City Transit 7 train extension would be temporarily accommodated in the future expansion area of the building at the HRY site during the early phase of the project. These vehicles would be permanently relocated off-site upon the full build-out of the proposed project. The distribution facility would be in operation for approximately 22 hours per day, Monday- Saturday. Saturday operations are typically much lower than on weekdays. The facility would be closed on Sundays. The facility s peak hours would take place between 8:00-9:00 AM and :00-6:00 PM. The facility will initially accommodate 84 delivery vans, but will have the potential to accommodate 16 delivery vans. FedEx is currently considering viable options to incorporate hybrid and or alternatively fueled vans into the HRY fleet. Although the FedEx HRY facility is not expected to at first realize its full operating levels, the maximum projected operations were conservatively assumed to take place at the facility s completion in late When the facility is in full operation, it is projected to employ up to 326 employees over various shifts. The majority of these employees represent transfers from other existing FedEx facilities. Based on information provided by FedEx, the proposed facility at maximum build out would operate with approximately 382 delivery van trips, 26 tractor trailer trips, 62 employee trips and 372 customer trips over a 24-hour period. Detailed trip generation estimates for both the AM and PM peak hours are summarized in Attachment A, Traffic and Parking. It is estimated that the facility would generate approximately 199 and 190 vehicle trips during the AM and PM peak hours, respectively. As shown in Figure 2, the proposed distribution facility would consist of two buildings and surface parking. The main building, which would house the FedEx sorting and distribution facility, would include sorting areas, loading docks, administrative areas, and a customer service center. The second, smaller building would house an on-site vehicle maintenance facility. It is anticipated that the proposed facility would have approximately 142,12 gross square feet (gsf) of space, inclusive of 3,811 gsf for the on-site vehicle maintenance facility. The larger building would be located at the center of the project site, with parking and the smaller building located along the site s edges. As currently contemplated, the facility would provide parking for approximately 183 customer/employee vehicles, 16 FedEx vans, and 2 cargo transfer vehicles (CTV). Vehicles would access the site via Saint Ann s Avenue. In addition to the FedEx facility, trips generated by other uses previously approved in the HRY Intermodal Transportation and Distribution Center FEIS in 1993 which are expected to be built at the HRY in the future or which are currently located at the HRY but are not operating at or near their full potential, were also included in the 2007 Build analysis. These uses include an intermodal terminal, a team track, a waste transfer station, and a distribution warehouse. Both the intermodal terminal and the team track have been built but, currently are not in operation and do not generate any trips. The waste transfer station currently processes 3,000 tons per day (TPD) of waste but, at full operation can process up to 4,000 TPD. The distribution warehouse has not been built but is contemplated to be up to 200,000-square feet. Detailed trip generation 4

6 N FEET SCALE FedEx Facility Harlem River Yard Project Site Boundary Preliminary Site Plan Figure 2

7 Technical Memorandum estimates for these uses for both the AM and PM peak hours are summarized in Attachment A, Traffic and Parking. It is estimated that these uses would generate 203 and 22 vehicle trips during the AM and PM peak hours respectively. DISCRETIONARY ACTIONS The site of the proposed FedEx distribution facility is currently governed by the amendments to the Land Use Plan proposed in the 1996 FSEIS. This amendment calls for the site to be developed into a wastepaper recycling plant. The development of the FedEx distribution facility would require a modification to the Land Use Plan and several other approvals, including: Approval by NYSDOT to modify the previously approved Land Use Plan to allow for the use of the FedEx distribution facility and Approval by the New York City Industrial Development Agency (NYCIDA) for funding. These discretionary approvals are subject to environmental review, pursuant to SEQRA, to determine whether this proposed modification could result in potential significant adverse impacts on the human and physical environment not previously identified. The potential effects of the proposed modifications on the various environmental areas are assessed below and follow the guidelines established in New York City s City Environmental Quality Review (CEQR) Technical Manual, In addition, the New York City Planning Commission (CPC) will review material changes affecting the development of the areas subject to the 199 ESDC override of Zoning Resolution Section , to verify that the development criteria set forth in the restrictive covenant filed by HRYV in connection with the 199 override have been met. C. COMPARISON OF IMPACTS BETWEEN THE PROPOSED ACTION AND PREVIOUS ENVIRONMENTAL ASSESSMENTS The purpose of this technical memorandum is to evaluate both the change in the proposed development program and the changes to background conditions that may have occurred due to the passage of time since the build years anticipated in the FEIS and FSEIS. The proposed modification to the development program and project build year would not alter the conclusions for the environmental areas examined in the FEIS and FSEIS. The currently proposed FedEx distribution facility is in keeping with the goals of the original and amended HRY Land Use Plans, and would fit well with the industrial purposes intended for the HRY. Table 1, HRY Program Comparison, presents the program components analyzed in the previous environmental assessments as well as the components of the proposed action. The proposed FedEx sorting and distribution facility (along with the previously approved and constructed New York Post printing plant and NYPA power plant) would replace the paper recycling and deinking facility that was analyzed as part of the 1993 FEIS and 1996 FSEIS and approved as part of the HRY Land Use Plan.

8 Federal Express Distribution and Sorting Facility at Harlem River Yard Table 1 HRY Program Comparison 1993 HRY FEIS 1996 FSEIS 1998 EAF 2000 EAF Bronx NY Post Community Color Paper Printing 2006 Proposed Action Proposed Uses (in gross square feet) Warehouse Option Wastepaper Recycling Option Company Plant NYPA Power Plant FedEx Facility Warehousing 640, , , ,000 Solid Waste 87,00 87,00 87,00 87,00 87,00 87,00 Transfer Facility (completed) (completed) (completed) Intermodal Terminal 2,000 2,000 2,000 2,000 (completed) 2,000 (completed) 2,000 (completed) NYC Wholesale Flower Market 170, , Deinking Plant & Paper mill 0 70, , Newsprint 43,700 43, ,400 43,700 Manufacturing (completed) (completed) Newsprint Warehouse , Power Plant ,100 87,100 (completed) Sorting and Distribution Facility ,12 Vehicle Maintenance Facility ,811 Total 922,00 1,032,00 1,032,42 43,700 87, ,623 Notes: Solid Waste Facility, Intermodal Terminal, NY Post Printing Plant, and NYPA Power Plant would remain active uses under the proposed action. Square footage for NYPA Power Plant is approximate. The proposed action s potential environmental effects are considered in the following sections for the relevant environmental areas set forth in the CEQR technical manual. These effects are considered in comparison to the previous environmental analyses conducted for the HRY the 1993 FEIS, 1996 FSEIS, 1998 EAF, and 2000 EAF to determine whether the proposed action has the potential to result in new significant adverse impacts not identified in those documents. LAND USE, ZONING, AND PUBLIC POLICY To determine the proposed action s potential effects in terms of land use, zoning, and public policy, existing conditions and anticipated future conditions were considered for a study area consisting of a quarter-mile radius from the project site. (See Figure 3) The study area s southern limit is the Bronx Kill, which serves as a natural boundary. LAND USE Since the completion of the 1996 FSEIS, two changes have occurred on parcels that are not part of the current project, but were included in the FSEIS project site. At the easternmost portion of the HRY site, the New York Post color printing plant has been constructed and is currently operational. This development was not considered in either the 1993 FEIS or the 1996 FSEIS, but was the subject of its own EAF in In 2001, the New York Power Authority constructed a 79.9 megawatt power plant on a two-acre parcel located between the current project site and the Little Hell Gate Bridge. Both of these changes in use were incorporated into the NYSDOT Land Use Plan and are compatible with the industrial use of the Yard. 6

9 ST ANN'S AVE. I-87 E. 136TH ST. E. 136TH ST. E. 13TH ST. LOCUST AVE. CYPRESS AVE. CYPRESS AVE. E. 133RD ST. E.132ND ST. WILLOW AVE. WALNUT AVE. E. 134TH ST. N TRIBOROUGH BRIDGE E A S T R I V E R Project Site Boundary Study Area Boundary (1/4-Mile Perimeter) FedEx Facility Harlem River Yard Residential Residential (with Ground-Floor Retail) Commercial Industrial, Utilities, Transportation, Public Parking Open Space Vacant Parcels Vacant Building Under Construction 0 00 FEET SCALE Land Use Figure 3

10 Technical Memorandum Land uses in the parts of the project study area outside of the Harlem River Yard have remained substantially unchanged since The blocks to the north of the HRY are still primarily characterized by industrial uses, with some anomalous residential uses on East 133rd and 134th Streets. Most of these residences are buffered from heavy industrial uses by a row of warehouses along East 132nd Street. Figure 3 shows existing land uses in the study area. Because there have been few new developments, the essential land use patterns within the study area have remained consistent with what was detailed in the FSEIS. In keeping with this trend, no significant changes to land use are anticipated to occur within the study area by the proposed project s 2007 build year. Because of its industrial character, the proposed FedEx distribution facility would be similar in terms of land use to the proposals contemplated for the project site in the 1993 FEIS and 1996 FSEIS. It would be compatible with surrounding uses both inside and outside of the HRY, and therefore would not alter the conclusions reached by the prior environmental analyses. ZONING The project site s zoning has remained unchanged since the completion of the FSEIS. Most of the site is in an M3-1 heavy industrial district, with the exception of the portion of the site within 200 feet of the Triborough Bridge, which is in an M2-1 medium industrial district. The proposed action does not contemplate a change in the existing zoning and the proposed project would conform with the site s M3-1 and M2-1 zoning in terms of both use and bulk. Several blocks of the study area north of the HRY have been rezoned from M1-2 to a Special Mixed Use District since the issuance of the FSEIS. The Port Morris/Bruckner Boulevard Rezoning, adopted by the City Council on March 9, 200, expanded the existing Port Morris Special Mixed Use District to the east, south, and west. The blocks in the study area west of Willow Avenue between East 133rd and 134th Streets (and between East 132nd and 134th Streets west of Saint Ann s Avenue just outside of the study area) were included in this rezoning. (See Figure 4.) The Special Mixed Use District allows for residential use and community facilities in addition to the industrial and commercial uses permitted by the underlying manufacturing zoning. (See table 2, Zoning Districts in Study Area. ) Prior to the rezoning, the affected blocks in the study area were fully built out with a preponderance of nonconforming residential uses. The rezoning action brings these uses into conformance with the Zoning Resolution, and should not be expected to lead to significant changes in land use within the study area. The proposed project would be built in conformance with the project site s current zoning. Furthermore, the proposed project would be compatible with the zoning districts currently in the study area. It is not expected that the proposed action would result in any zoning changes in the study area, and it would not alter the conclusions reached in the previous environmental assessments. 7

11 E A S T R I V E R N Project Site Area Study Area Boundary (1/4-Mile Perimeter) FedEx Facility Harlem River Yard Zoning District Boundary Special Purpose District Boundary FEET SCALE Zoning Figure 4

12 Federal Express Distribution and Sorting Facility at Harlem River Yard Table 2 Zoning Districts in Study Area Zoning District Permitted Uses Maximum FAR* M3-1 Industrial; Commercial 2.0 M2-1 Industrial; Commercial 2.0 M1-2 Industrial; Commercial; Community 4.8 Community Facility; 2.0 all other Facility uses M1-2/R6A (MX-1) Industrial; Commercial; Residential; 2.0 Industrial and Commercial; 3.0 Community Facility Residential and Community Facility M1-/R8A (MX-1).0 Industrial and Commercial; 6.02 Industrial; Commercial; Residential; Residential (7.2 with Quality Community Facility Housing); 6. Community Facility Note: *FAR refers to Floor Area Ratio. The FAR sets the maximum floor area allowable on a lot, which is determined by multiplying FAR by lot area. Source: New York City Zoning Resolution PUBLIC POLICY Since the completion of the FSEIS, the New Waterfront Revitalization Program (NWRP) was approved by the City Council in October, This 197-a plan establishes the City s policies for development and use of the waterfront, and provides the framework for evaluating the consistency of all discretionary actions in the coastal zone with those policies. Under this program, the project site falls within a Significant Maritime and Industrial Area (SMIA). The stated goal for SMIAs is to support water-dependent and industrial uses in New York City coastal areas that are well-suited to their continued operation. Though the proposed FedEx distribution facility is not water-dependent, the waterway in front of the project site is not navigable by barge, and the proposed project would not have an adverse effect on the future development potential of the existing barge basin at the far west end of the HRY. Therefore, the project s industrial use is consistent with the NWRP. More specific analysis of the proposed project s compliance with the policies of the NWRP is provided later in this technical memorandum under Waterfront Policies. The Mayor s Office for Industrial and Manufacturing Businesses has proposed the creation of Industrial Business Zones (IBZ) to help protect and grow New York City s industrial job base. This policy is likely to be adopted by the proposed project s 2007 build year. IBZs are areas in which the City will provide business assistance services to active industrial firms, as well as tax credits for industrial businesses that wish to relocate there. In addition, IBZs reflect a commitment by the City not to support the rezoning of industrial land within these areas for residential use. The project site is located within the prospective Port Morris IBZ, and the proposed FedEx distribution facility would fit within the goals of this policy. Aside from the policies listed above, no additional changes to any public policies have occurred, or are expected to occur, that would affect the proposed project site. SOCIOECONOMIC CONDITIONS The proposed project would occupy a currently vacant portion of the HRY, and would not result in the displacement of any residents or businesses. The proposed FedEx distribution facility would employ up to 326 employees over various shifts. The majority of these employees would be transferred from FedEx s current facility at 34th 8

13 Technical Memorandum Street in Manhattan. Together with the existing intermodal terminal (69 employees), waste transfer facility (46 employees), NY Post printing plant (approximately 400 employees), and NYPA generating facility (1 employee), businesses in the HRY would be expected to employ approximately 842 workers after the proposed action. This number of jobs is roughly equivalent to the 803 employees estimated for the warehouse option in the 1993 FEIS and the 840 employees estimated for the program analyzed in the 1996 FSEIS. The proposed distribution facility would increase the storage and distribution of the HRY, and would increase the level of economic activity at the site from today s vacant condition. The increase in economic activity would be similar to previous proposals, and the proposed action would not alter the conclusions of no significant adverse socioeconomic impacts reached by the previous environmental analyses. COMMUNITY FACILITIES As stated above, businesses operating within the HRY would be expected to employ approximately 842 workers with the proposed action. This estimate is similar to the 803 and 840 estimated employees analyzed in the 1993 FEIS and 1996 FSEIS, which determined that sufficient resources and the capacity to accommodate additional demands were present in the community. Therefore, the new employees that would result from the proposed action would not be expected to result in significant negative impacts on local community resources such as schools, libraries, hospitals, and day care centers. The HRY maintains its own security presence, thus allaying demand for police protection. Demand for fire protection services would not be different from what was required by the programs analyzed in the FEIS and FSEIS. Thus, the proposed action would not be expected to result in any significant adverse impacts on local community resources. VISUAL CHARACTER As with the previously approved proposals, this development would replace vacant, weedcovered track areas with modern, well-designed industrial facilities. The FEIS and FSEIS, each analyzing the same conditions, both concluded that the introduction of modern industrial buildings would mark an improvement to the visual character of the HRY. The proposed action would result in the development of two, single story buildings both with an approximate height of about 24 feet. These structures would not be expected to result in any significant adverse visual impacts. The proposed action would not create visual impacts to the north of the HRY, as existing buildings on East 132nd Street and the industrial character of the surrounding area provide a buffer that would screen project site activities from the high-rise residential towers located north of the study area. No significant adverse impacts are anticipated on views from Randall s Island because of the current condition and industrial nature of the HRY as well as that of adjacent properties. As concluded in the 1993 FEIS and 1996 FSEIS, the introduction of new industrial structures would be in conformity with the general character of the surrounding industrial district. In addition, the 1993 FEIS noted that a planting buffer would be provided along the waterfront upon completion of the various development components, which would help screen and soften views of the site from much of Randall s Island. 9

14 Federal Express Distribution and Sorting Facility at Harlem River Yard HISTORIC AND ARCHAEOLOGICAL RESOURCES As discussed in the 1993 FEIS and 1996 FSEIS, neither the proposed warehouse, waste paper facility, nor Bronx Community Paper Company options would have resulted in any significant adverse effects on historic or archaeological resources. The proposed FedEx distribution facility would be built over a portion of the footprint analyzed for the BCPC in the 1996 FSEIS. At that time, it was determined that there was no risk of the BCPC s construction adversely affecting archaeological resources because it would not involve excavation below the layer of fill that covers the HRY. As with the BCPC proposal, construction of the proposed FedEx distribution facility would not involve excavation below this layer of fill, and therefore would not result in any significant adverse effects on archaeological resources. The project site is proximate to the Little Hell Gate Bridge, which is listed in the State and National Registers of Historic Places. Construction of the FedEx distribution facility would not involve any direct alteration to the bridge or its approach. The bridge was built over an active industrial site that could reasonably be expected to change with innovations in industrial technologies, new structures, new industrial uses, etc. The proposed sorting and distribution facility is consistent with the visual context of an industrial area and would be a continuation or updating of the context in which the bridge was built. No other historic resources are located on or near the project site. Thus, development of the proposed FedEx distribution facility would not have any significant adverse effects on historic or archaeological resources. TRANSPORTATION See Attachment A, Traffic and Parking. AIR QUALITY See Attachment B, Air Quality. NOISE See Attachment C, Noise. INFRASTRUCTURE Demands for potable water created by the proposed FedEx distribution facility would be less than or similar to those considered for the eastern portion of the HRY in the warehousing option in the 1993 FEIS. Storm sewers and culverts on the project site would be enhanced to provide for adequate drainage of stormwater, and there is sufficient capacity in existing sanitary and storm sewers to accommodate the new flows expected from the proposed facility, as was similarly concluded in the FEIS. As with the programs considered in previous environmental analyses, commercial waste generated by on-site facilities at the HRY would be handled by private carters. In addition, as required by New York City law, businesses must have arrangements for their recyclables to be collected for recycling, including paper, glass, metals, and plastic. The proposed project would not result in any significant adverse effects on New York City s potable water supply, storm and sanitary sewer systems, or solid waste management practices that were not identified in the 1993 FEIS and 1996 FSEIS. 10

15 Technical Memorandum ENERGY The baseline conditions described in the 1993 FEIS remain accurate and are applicable to the FedEx sorting and distribution warehouse facility. The proposed action would result in increased energy demand for gas and electricity, but cost-effective methods to decrease overall energy demand would be employed by FedEx in the construction of its facility. Therefore, the proposed action is unlikely to result in any significant adverse impacts to energy usage. WATERFRONT POLICIES Since the completion of the 1993 FEIS and 1996 FSEIS, New York City has amended its Local Waterfront Revitalization Policy (LWRP). The new LWRP consists of 10 policies designed to maximize the benefits derived from economic development, environmental preservation, and public use of the waterfront, while minimizing the conflicts among those objectives. Each policy is presented below, followed by a discussion of its applicability to the proposed action, and, if applicable, the proposed action s consistency with the policy. Policy 1: Support and facilitate commercial and residential development in areas well-suited to such development. Policy 1.1: Encourage commercial and residential redevelopment in appropriate coastal zone areas. The project site is located within the Harlem River Yard, an intermodal rail facility and industrial park. It is zoned for heavy manufacturing uses. Therefore, the site is not appropriate for commercial and residential development, and this policy does not apply. Policy 1.2: Encourage non-industrial development that enlivens the waterfront and attracts the public. The HRY and its shoreline are not accessible to the public. Therefore, this policy does not apply. Policy 1.3: Encourage redevelopment in the coastal area where public facilities and infrastructure are adequate or will be developed. Public facilities and infrastructure in the area surrounding the project site would be adequate to support the proposed FedEx distribution facility. No undeveloped coastal areas would be affected by the proposed development. Policy 2: Support water-dependent and industrial uses in New York City coastal areas that are well-suited to their continued operation. Policy 2.1: Promote water-dependent and industrial uses in Significant Maritime and Industrial Areas. The project site, which is located in a Significant Maritime and Industrial Area, would be developed into an industrial distribution and sorting facility. Therefore, the proposed action conforms with this policy. Policy 2.2: Encourage working waterfront uses at appropriate sites outside the Significant Maritime and Industrial Areas. The proposed development is located entirely within a Significant Maritime and Industrial Area. Therefore, this policy is not applicable. 11

16 Federal Express Distribution and Sorting Facility at Harlem River Yard Policy 2.3: Provide infrastructure improvements necessary to support working waterfront uses. The project site is physically separated from the waterfront by active railroad tracks. The nearest body of water, the Bronx Kill, is not navigable by barge. Therefore, the project site is not wellsuited to support working waterfront uses, and this policy does not apply. Policy 3: Promote use of New York City s waterways for commercial and recreational boating and water-dependent transportation centers. Policy 3.1: Support and encourage recreational and commercial boating in New York City s maritime centers. The Bronx Kill is not one of New York City s maritime centers and there are no policies or plans for boating along this stretch of waterfront. Therefore, this policy does not apply. Policy 3.2: Minimize conflicts between recreational, commercial, and ocean-going freight vessels. The development resulting from the proposed action would not involve recreational, commercial, or ocean-going freight vessels. Therefore, this policy does not apply. Policy 3.3: Minimize impact of commercial and recreational boating activities on the aquatic environment and surrounding land and water uses. The proposed action would not be expected to result in commercial or recreational boating activities. Therefore, this policy does not apply. Policy 4: Protect and restore the quality and function of ecological systems within the New York City coastal area. Policy 4.1: Protect and restore the ecological quality and component habitats and resources within the Special Natural Waterfront Areas, Recognized Ecological Complexes and Significant Coastal Fish and Wildlife Habitats. The development site is not located within a Special Natural Waterfront Area, Recognized Ecological Complex, or Significant Coastal Fish and Wildlife Habitat, nor is there any natural area located on the development site. Therefore, this policy does not apply. Policy 4.2: Protect and restore tidal and freshwater wetlands. There are no tidal or freshwater wetlands on the development site. Therefore, this policy does not apply. Policy 4.3: Protect vulnerable plant, fish, and wildlife species, and rare ecological communities. Design and develop land and water uses to maximize their integration or compatibility with the identified ecological community. There are no vulnerable plant, fish, and wildlife species, nor rare ecological communities present on the project site. Therefore, this policy does not apply. Policy 4.4: Maintain and protect living aquatic resources. The development site is located slightly inland from the Bronx Kill and is separated from the shoreline by railroad tracks. The development that would result from the proposed action would not involve the harvesting of fish, spawning habitat, aquaculture, or fish stocking. Therefore, this policy does not apply. 12

17 Technical Memorandum Policy : Protect and improve water quality in the New York City coastal area. Policy.1: Manage direct or indirect discharges to water bodies. Best management practices would be used to ensure the control of storm water runoff and combined sewer outflows discharging into water bodies during both construction and operation of the proposed facility. Policy.2: Protect the quality of New York City s waters by managing activities that generate non-point source pollution. The development program would utilize best management practices to minimize the generation of any nutrients or pollutants or new contributions to non-point source pollution to the Bronx Kill. Policy.3: Protect water quality when excavating or placing fill in navigable waters and in or near marshes, estuaries, tidal marshes or wetlands. Construction at the development site would require some excavation work. No excavation would occur in navigable waters or in or near marshes, estuaries, tidal marshes, or wetlands, nor would excavation fill be placed in navigable waters or in or near marshes, estuaries, tidal marshes, or wetlands. Policy.4: Protect the quality and quantity of groundwater, streams, and the sources of water for wetlands. There are no streams or wetlands located on the development site. In the Bronx, groundwater is not used for drinking water or any other purposes. All on-site dewatering, if required, would be conducted in conformance with all applicable regulations. Policy 6: Minimize the loss of life, structures, and natural resources caused by flooding and erosion. Policy 6.1: Minimize losses from flooding and erosion by employing non-structural and structural management measures appropriate to the condition and use of the property to be protected and the surrounding area. The proposed action would not result in an alteration to the natural features of the shoreline or any structural or non-structural flood or erosion control measures. Policy 6.2: Direct public funding for flood prevention or erosion control measures to those locations where the investment will yield significant public benefit. Public funding for flood prevention or erosion control measures is not part of the proposed action. Therefore, this policy does not apply. Policy 6.3: Protect and preserve non-renewable sources of sand for beach nourishment. There are no non-renewable sources of sand associated with the development site. Therefore, this policy does not apply. Policy 7: Minimize environmental degradation from solid waste and hazardous substances. Policy 7.1: Manage solid waste material, hazardous wastes, toxic pollutants, and substances hazardous to the environment to protect public health, control pollution and prevent degradation of coastal ecosystems. 13

18 Federal Express Distribution and Sorting Facility at Harlem River Yard None of the uses envisioned under the proposed development program would involve the use or discharge of hazardous or toxic pollutants. All contaminated materials uncovered during construction would be handled and removed in accordance the applicable state and federal regulations to prevent impacts on surrounding areas. Solid waste generated during construction and operation of the project would be hauled to out-of-city landfills by a private contractor. Policy 7.2: Prevent and remediate discharge of petroleum products. No petroleum products would be expected to be disturbed or discharged as a result of the proposed action. In the unlikely event that petroleum is disturbed or discharged, it would be remediated in conformance with all applicable laws, rules, and regulations, thereby complying with the goals of this policy. Policy 7.3: Transport solid waste and hazardous substances and site solid and hazardous waste facilities in a manner that minimizes potential degradation of coastal resources. Solid waste generated by the proposed distribution facility would be hauled by a licensed contractor or waste hauler according to applicable laws and regulations; no hazardous substances would be expected to be generated. The proposed action would not result in a solid or hazardous waste facility. Policy 8: Provide public access to and along New York City s coastal waters. Policy 8.1: Preserve, protect and maintain existing physical, visual, and recreational access to the waterfront. The HRY is not accessible to the public, and provides no physical, visual or recreational access to the Bronx Kill, East River, or Harlem River waterfronts. Therefore, this policy does not apply. Policy 8.2: Incorporate public access into new public and private development where compatible with proposed land use and coastal location. Because of its location within the HRY, the proposed project would not be compatible with the development of public waterfront access. The project site does not extend to the water s edge; it is separated from the shoreline by railroad tracks and approximately 20 feet of additional ground. Policy 8.3: Provide visual access to coastal lands, waters, and open space where physically practical. The nearest publicly accessible thoroughfare to the project site, East 132nd Street, is separated from the Bronx Kill and Harlem River by the HRY. There are no publicly accessible coastal lands or open spaces within the HRY. In the vicinity of the proposed project, the northern portion of the HRY (closest to East 132nd Street) is developed with a row of warehouses and industrial buildings that preclude any possibility of visual access to the Bronx Kill. Therefore, this policy does not apply. Policy 8.4: Preserve and develop waterfront open space and recreation on publicly owned land at suitable locations. The project site is located in a Significant Maritime and Industrial Area, and is therefore not considered to be a suitable location for publicly accessible waterfront open space. 14

19 Technical Memorandum Policy 8.: Preserve the public interest in and use of lands and waters held in public trust by the State and City. The development site does not contain any lands or waters held in public trust by the State and City. Policy 9: Protect scenic resources that contribute to the visual quality of the New York City coastal area. Policy 9.1: Protect and improve visual quality associated with New York City s urban context and the historic and working waterfront. The proposed project is located within a rail yard that houses a variety of industrial uses. The project site, which is currently vacant, would be developed with two industrial buildings and associated parking. Consistent with this policy, the proposed action would be expected to maintain the visual quality currently associated with this urban context. Policy 9.2: Protect scenic values associated with natural resources. There are no scenic natural resources located on the project site. Views of the Bronx Kill from East 132nd Street are already obscured by existing warehouse buildings, thus the proposed project would not reduce existing views of this resource. Because the HRY is already industrial in terms of its visual character, the proposed project would not impair the scenic value of the Bronx Kill when viewed from Randall s Island. Therefore, the development that would result from the proposed action would be consistent with this policy. Policy 10: Protect, preserve, and enhance resources significant to the historical, archaeological, and cultural legacy of the New York City coastal area. Policy 10.1: Retain and preserve designated historic resources and enhance resources significant to the coastal culture of New York City. As discussed in the Historic and Archaeological Resources section, above, the proposed action would not result in any significant adverse effects to any designated historic resources. Therefore, the proposed action is in conformance with this policy. Policy 10.2: Protect and preserve archaeological resources and artifacts. As discussed in the Historic and Archaeological Resources section, above, the proposed action would not result in an significant adverse impacts to archaeological resources. Therefore, the proposed action is in conformance with this policy. HAZARDOUS MATERIALS A limited remediation program to contain contaminants on the project site was presented in the 1993 FEIS and was reviewed by the New York State Department of Environmental Conservation (NYCDEC) and approved by its Hazardous Waste Remediation Bureau. Phase I and Phase II investigations conducted at this time indicated that contamination at the site was primarily due to its past usage as a rail yard and coal storage yard. Based on these investigations, a limited remediation program was approved by NYSDEC that included provisions that the entire site area be covered with controlled fill or topsoil or be paved and that proper engineering controls for dust suppression and personnel protection measures be implemented during construction at the site. 1

20 Federal Express Distribution and Sorting Facility at Harlem River Yard The 1996 FSEIS found that contaminated materials effects associated with the Bronx Community Paper Company were comparable or less than those previously considered in the FEIS, and the approved remediation program still properly addressed the conditions on the site. Construction of the currently proposed FedEx distribution facility would involve a similar degree of ground disturbance as the BCPC would have, but over a smaller area. Therefore, the hazardous materials effects associated with the proposed FedEx distribution facility are comparable or less than those previously considered, and the approved remediation program remains appropriate. CONSTRUCTION AND CONSTRUCTION IMPACTS The proposed FedEx distribution facility would occupy a smaller area than the BCPC project analyzed in the 1996 FSEIS and would take about one-year to build. Otherwise, the short-term construction impacts of the FedEx project would be similar to those explained in the FEIS and reiterated in the FSEIS. The proposed project would have an anticipated construction period of approximately 10 months. Staging for construction activities would take place on-site and would result in minimal disruption to the local community. During construction of the project, worker activities would be governed by a Health and Safety Plan (HASP) to protect potential human exposure to hazardous materials during ground disturbance or dewatering activities. Proper dust suppression controls and personnel protection measures would be implemented during construction at the site to prevent or minimize exposure. As noted in the Hazardous Materials section, once construction has been completed, it is expected that the entire site will be covered with controlled fill or topsoil or be paved to prevent human exposure to hazardous materials. Therefore, no significant adverse construction impacts are expected to occur as a result of the proposed action. 16